Section 1. K.S.A. 1998 Supp.
65-1626 is hereby amended to read as
follows: 65-1626. For the purposes of this act:

(a) ``Administer'' means the direct
application of a drug, whether by
injection, inhalation, ingestion or any other means, to the body of
a patient
or research subject by:

(1) A practitioner or pursuant to the
lawful direction of a practitioner,
or

(2) the patient or research subject at
the direction and in the presence
of the practitioner.

(b) ``Agent'' means an authorized person
who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser but shall
not
include a common or contract carrier, public warehouseman or
employee
of the carrier or warehouseman when acting in the usual and lawful
course
of the carrier's or warehouseman's business.

(c) ``Board'' means the state board of
pharmacy created by K.S.A. 74-
1603 and amendments thereto.

(d) ``Brand exchange'' means the
dispensing of a different drug prod-
uct of the same dosage form and strength and of the same generic
name
than the brand name drug product prescribed.

(e) ``Brand name'' means the registered
trademark name given to a
drug product by its manufacturer, labeler or distributor.

(f) ``Deliver'' or ``delivery'' means the
actual, constructive or at-
tempted transfer from one person to another of any drug whether or
not
an agency relationship exists.

(g) ``Direct supervision'' means the
process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy
student
or pharmacy technician to a sufficient degree to assure that all
such ac-
tivities are performed accurately, safely and without risk or harm
to pa-
tients, and complete the final check before dispensing.

(h) ``Dispense'' means to deliver
prescription medication to the ulti-
mate user or research subject by or pursuant to the lawful order of
a
practitioner.

(j) ``Distribute'' means to deliver,
other than by administering or dis-
pensing, any drug.

(k) ``Distributor'' means a person who
distributes a drug.

(l) ``Drug'' means: (1) Articles
recognized in the official United States
pharmacopoeia, or other such official compendiums of the United
States,
or official national formulary, or any supplement of any of them;
(2) ar-
ticles intended for use in the diagnosis, cure, mitigation,
treatment or
prevention of disease in man or other animals; (3) articles, other
than
food, intended to affect the structure or any function of the body
of man
or other animals; and (4) articles intended for use as a component
of any
articles specified in clause (1), (2) or (3) of this subsection;
but does not
include devices or their components, parts or accessories, except
that the
term ``drug'' shall not include amygdalin (laetrile) or any
livestock remedy,
as defined in K.S.A. 47-501 and amendments thereto, if such
livestock
remedy has been registered in accordance with the provisions of
article
5 of chapter 47 of the Kansas Statutes Annotated.

(m) ``Electronic transmission'' means
transmission of information in
electronic form or the transmission of the exact visual image of a
docu-
ment by way of electronic equipment.

(n) ``Generic name'' means the
established chemical name or official
name of a drug or drug product.

(o) (1) ``Institutional drug room''
means any location where prescrip-
tion-only drugs are stored and from which prescription-only drugs
are
administered or dispensed and which is maintained or operated for
the
purpose of providing the drug needs of:

(A) Inmates of a jail or correctional
institution or facility;

(B) residents of a juvenile detention
facility, as defined by the Kansas
code for care of children and the Kansas juvenile justice code;

(C) students of a public or private
university or college, a community
college or any other institution of higher learning which is
located in
Kansas; or

(D) employees of a business or other
employer.

(2) ``Institutional drug room'' does not
include:

(A) Any registered pharmacy;

(B) any office of a practitioner; or

(C) a location where no prescription-only
drugs are dispensed and no
prescription-only drugs other than individual prescriptions are
stored or
administered.

(p) ``Medical care facility'' shall have
the meaning provided in K.S.A.
65-425 and amendments thereto, except that the term shall also
include
facilities licensed under the provisions of K.S.A. 75-3307b and
amend-
ments thereto except community mental health centers and facilities
for
the mentally retarded.

(q) ``Manufacture'' means the production,
preparation, propagation,
compounding, conversion or processing of a drug either directly or
in-
directly by extraction from substances of natural origin,
independently by
means of chemical synthesis or by a combination of extraction and
chem-
ical synthesis and includes any packaging or repackaging of the
drug or
labeling or relabeling of its container, except that this term
shall not in-
clude the preparation or compounding of a drug by an individual for
the
individual's own use or the preparation, compounding, packaging or
la-
beling of a drug by: (1) A practitioner or a practitioner's
authorized agent
incident to such practitioner's administering or dispensing of a
drug in
the course of the practitioner's professional practice; (2) a
practitioner,
by a practitioner's authorized agent or under a practitioner's
supervision
for the purpose of, or as an incident to, research, teaching or
chemical
analysis and not for sale; or (3) a pharmacist or the pharmacist's
author-
ized agent acting under the direct supervision of the pharmacist
for the
purpose of, or incident to, the dispensing of a drug by the
pharmacist.

(s) ``Pharmacist'' means any natural
person licensed under this act to
practice pharmacy.

(t) ``Pharmacist in charge'' means the
pharmacist who is responsible
to the board for a registered establishment's compliance with the
laws
and regulations of this state pertaining to the practice of
pharmacy, man-
ufacturing of drugs and the distribution of drugs. The pharmacist
in
charge shall supervise such establishment on a full-time or a
part-time
basis and perform such other duties relating to supervision of a
registered
establishment as may be prescribed by the board by rules and
regulations.
Nothing in this definition shall relieve other pharmacists or
persons from
their responsibility to comply with state and federal laws and
regulations.

(u) ``Pharmacy,'' ``drug store'' or
``apothecary'' means premises, lab-
oratory, area or other place: (1) Where drugs are offered for sale
where
the profession of pharmacy is practiced and where prescriptions are
com-
pounded and dispensed; or (2) which has displayed upon it or within
it
the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,''
``apoth-
ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries''
or any of these
words or combinations of these words or words of similar import
either
in English or any sign containing any of these words; or (3) where
the
characteristic symbols of pharmacy or the characteristic
prescription sign
``Rx'' may be exhibited. As used in this subsection, premises
refers only
to the portion of any building or structure leased, used or
controlled by
the licensee in the conduct of the business registered by the board
at the
address for which the registration was issued.

(v) ``Pharmacy student'' means an
individual, registered with the
board of pharmacy, enrolled in an accredited school of
pharmacy.

(w) ``Pharmacy technician'' means an
individual who, under the direct
supervision and control of a pharmacist, may perform packaging,
manip-
ulative, repetitive or other nondiscretionary tasks related to the
processing
of a prescription or medication order and who assists the
pharmacist in
the performance of pharmacy related duties, but who does not
perform
duties restricted to a pharmacist.

(x) ``Practitioner'' means a person
licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed
under the
optometry law as a therapeutic licensee or diagnostic and
therapeutic
licensee, or scientific investigator or other person authorized by
law to
use a prescription-only drug in teaching or chemical analysis or to
conduct
research with respect to a prescription-only drug.

(y) ``Preceptor'' means a licensed
pharmacist who possesses at least
two years' experience as a pharmacist and who supervises students
ob-
taining the pharmaceutical experience required by law as a
condition to
taking the examination for licensure as a pharmacist.

(z) ``Prescription'' means, according to
the context, either a prescrip-
tion order or a prescription medication.

(aa) ``Prescription medication'' means
any drug, including label and
container according to context, which is dispensed pursuant to a
prescrip-
tion order.

(bb) ``Prescription-only drug'' means any
drug required by the federalor state food, drug and cosmetic act to bear on its label
the legend ``Cau-tion: Federal law prohibits dispensing without
prescription.''whether in-tended for use by man or animal, required by federal or state
law (in-cluding 21 United States Code section 353, as amended) to be
dispensedonly pursuant to a written or oral prescription or order of a
practitioneror is restricted to use by practitioners only.

(cc) ``Prescription order'' means: (1) An
order to be filled by a phar-
macist for prescription medication issued and signed by a
practitioner in
the authorized course of professional practice; or (2) an order
transmitted
to a pharmacist through word of mouth, note, telephone or other
means
of communication directed by such practitioner.

(dd) ``Probation'' means the practice or
operation under a temporary
license, registration or permit or a conditional license,
registration or per-
mit of a business or profession for which a license, registration
or permit
is granted by the board under the provisions of the pharmacy act of
the
state of Kansas requiring certain actions to be accomplished or
certain
actions not to occur before a regular license, registration or
permit is
issued.

(ee) ``Professional incompetency''
means:

(1) One or more instances involving
failure to adhere to the appli-
cable standard of pharmaceutical care to a degree which constitutes
gross
negligence, as determined by the board;

(2) repeated instances involving failure
to adhere to the applicable
standard of pharmaceutical care to a degree which constitutes
ordinary
negligence, as determined by the board; or

(3) a pattern of pharmacy practice or
other behavior which demon-
strates a manifest incapacity or incompetence to practice
pharmacy.

(ff) ``Retail dealer'' means a person
selling at retail nonprescription
drugs which are prepackaged, fully prepared by the manufacturer or
dis-
tributor for use by the consumer and labeled in accordance with
the
requirements of the state and federal food, drug and cosmetic acts.
Such
nonprescription drugs shall not include: (1) A controlled
substance; (2) adrug the label of which is required to bear substantially
the statement``Caution: Federal law prohibits dispensing without
prescription''pre-scription-only drug; or (3) a drug intended for human use by
hypodermic
injection.

(gg) ``Secretary'' means the executive
secretary of the board.

(hh) ``Unprofessional conduct''
means:

(1) Fraud in securing a registration or
permit;

(2) intentional adulteration or
mislabeling of any drug, medicine,
chemical or poison;

(3) causing any drug, medicine, chemical
or poison to be adulterated
or mislabeled, knowing the same to be adulterated or
mislabeled;

(4) intentionally falsifying or altering
records or prescriptions;

(5) unlawful possession of drugs and
unlawful diversion of drugs to
others;

(8) making a false or misleading
statement regarding the licensee's
professional practice or the efficacy or value of a drug;

(9) commission of any act of sexual
abuse, misconduct or exploitation
related to the licensee's professional practice; or

(10) performing unnecessary tests,
examinations or services which
have no legitimate pharmaceutical purpose.

New Sec. 2. (a) In all
investigative and disciplinary matters pending
before the board, the board shall have the power to issue subpoenas
and
compel the attendance of witnesses and the production of all
necessary
papers, books and records, documentary evidence and materials. Any
per-
son failing or refusing to appear or testify regarding any matter
about
which such person may be lawfully questioned or to produce any
papers,
books, records, documentary evidence or materials in the matter to
be
heard, after having been required by order of the board or by a
subpoena
of the board to do so, upon application to any district judge of
the state
of Kansas, may be ordered to comply with such subpoena, and
upon
failure to comply with the order of the district judge, the court
may com-
pel obedience by attachment as for contempt as in the case of
disobedi-
ence of a similar order or subpoena issued by the court. A subpoena
may
be served upon any person named therein, anywhere within the state
of
Kansas with the same fees and mileage by any officer authorized to
serve
subpoenas in civil actions in the same manner as is prescribed by
the code
of civil procedure for subpoenas issued out of the district courts
of this
state.

(b) This section shall be part of and
supplemental to the pharmacy
act of the state of Kansas.

Sec. 3. K.S.A. 1998 Supp. 65-1627
is hereby amended to read as
follows: 65-1627. (a) The board may revoke, suspend, place in a
proba-
tionary status or deny a renewal of any license of any pharmacist
upon a
finding that:

(1) The license was obtained by
fraudulent means;

(2) the licensee has been convicted of a
felony and the licensee fails
to show that the licensee has been sufficiently rehabilitated to
warrant
the public trust;

(3) the licensee is found by the board to
be guilty of unprofessional
conduct or professional incompetency;

(4) the licensee is addicted to the
liquor or drug habit to such a degree
as to render the licensee unfit to practice the profession of
pharmacy;

(5) the licensee has violated a provision
of the federal or state food,
drug and cosmetic act, the uniform controlled substances act of the
state
of Kansas, or any rule and regulation adopted under any such
act;

(6) the licensee is found by the board to
have filled a prescription not
in strict accordance with the directions of the practitioner;

(7) the licensee is found to be mentally
or physically incapacitated to
such a degree as to render the licensee unfit to practice the
profession
of pharmacy;

(8) the licensee has violated any of the
provisions of the pharmacy
act of the state of Kansas or any rule and regulation adopted by
the board
pursuant to the provisions of such pharmacy act;

(9) the licensee has failed to comply
with the requirements of the
board relating to the continuing education of pharmacists;

(10) the licensee as a pharmacist in
charge or consultant pharmacist
under the provisions of subsection (c) or (d) of K.S.A. 65-1648
and
amendments thereto has failed to comply with the requirements of
sub-
section (c) or (d) of K.S.A. 65-1648 and amendments thereto;

(11) the licensee has knowingly submitted
a misleading, deceptive,
untrue or fraudulent misrepresentation on a claim form, bill or
statement;

(12) the licensee has had a license to
practice pharmacy revoked,
suspended or limited, has been censured or has had other
disciplinary
action taken, or voluntarily surrendered the license after formal
proceed-
ings have been commenced, or has had an application for license
denied,
by the proper licensing authority of another state, territory,
District of
Columbia or other country, a certified copy of the record of the
action
of the other jurisdiction being conclusive evidence thereof;
or

(13) the licensee has self-administered
any controlled substance with-
out a practitioner's prescription
order.;

(14) the licensee has assisted suicide
in violation of K.S.A. 21-3406and amendments thereto as established by any of the
following:

(A) A copy of the record of criminal
conviction or plea of guilty for afelony in violation of K.S.A. 21-3406 and amendments
thereto.

(B) A copy of the record of a judgment
of contempt of court for vio-lating an injunction issued under K.S.A. 1998 Supp. 60-4404 and
amend-ments thereto.

(C) A copy of the record of a judgment
assessing damages underK.S.A. 1998 Supp. 60-4405 and amendments thereto; or

(15) the licensee has failed to
furnish the board, its investigators orits representatives any information legally requested by the
board.

(b) In determining whether or not the
licensee has violated subsec-
tion (a)(3), (a)(4), (a)(7) or (a)(13), the board upon reasonable
suspicion
of such violation has authority to compel a licensee to submit to
mental
or physical examination or drug screen, or any combination thereof,
by
such persons as the board may designate. To determine whether
reason-
able suspicion of such violation exists, the investigative
information shall
be presented to the board as a whole. Information submitted to the
board
as a whole and all reports, findings and other records shall be
confidential
and not subject to discovery by or release to any person or entity.
The
licensee shall submit to the board a release of information
authorizing
the board to obtain a report of such examination or drug screen, or
both.
A person affected by this subsection shall be offered, at
reasonable in-
tervals, an opportunity to demonstrate that such person can resume
the
competent practice of pharmacy with reasonable skill and safety to
pa-
tients. For the purpose of this subsection, every person licensed
to prac-
tice pharmacy and who shall accept the privilege to practice
pharmacy in
this state by so practicing or by the making and filing of a
renewal appli-
cation to practice pharmacy in this state shall be deemed to have
con-
sented to submit to a mental or physical examination or a drug
screen, or
any combination thereof, when directed in writing by the board and
fur-
ther to have waived all objections to the admissibility of the
testimony,
drug screen or examination report of the person conducting such
exam-
ination or drug screen, or both, at any proceeding or hearing
before the
board on the ground that such testimony or examination or drug
screen
report constitutes a privileged communication. In any proceeding by
the
board pursuant to the provisions of this subsection, the record of
such
board proceedings involving the mental and physical examination or
drug
screen, or any combination thereof, shall not be used in any other
ad-
ministrative or judicial proceeding.

(c) The board may temporarily suspend
or temporarily limit the li-cense of any licensee in accordance with the emergency
adjudicative pro-ceedings under the Kansas administrative procedure act if the
board de-termines that there is cause to believe that grounds exist for
disciplinaryaction under subsection (a) against the licensee and that the
licensee'scontinuation in practice would constitute an imminent danger to
the pub-lic health and safety.

(c)(d) The board
may suspend, revoke, place in a probationary status
or deny a renewal of any retail dealer's permit issued by the board
when
information in possession of the board discloses that such
operations for
which the permit was issued are not being conducted according to
law or
the rules and regulations of the board.

(d)(e) The board
may revoke, suspend, place in a probationary status
or deny a renewal of the registration of a pharmacy upon a finding
that:
(1) Such pharmacy has been operated in such manner that violations
of
the provisions of the pharmacy act of the state of Kansas or of the
rules
and regulations of the board have occurred in connection therewith;
(2)
the owner or any pharmacist employed at such pharmacy is
convicted,
subsequent to such owner's acquisition of or such employee's
employ-
ment at such pharmacy, of a violation of the pharmacy act or
uniform
controlled substances act of the state of Kansas, or the federal or
state
food, drug and cosmetic act; (3) the owner or any pharmacist
employed
by such pharmacy has fraudulently claimed money for
pharmaceutical
services; or (4) the registrant has had a registration revoked,
suspended
or limited, has been censured or has had other disciplinary action
taken,
or an application for registration denied, by the proper
registering au-
thority of another state, territory, District of Columbia or other
country,
a certified copy of the record of the action of the other
jurisdiction being
conclusive evidence thereof.

(e)(f) A
registration to manufacture or to distribute at wholesale a
drug or a registration for the place of business where any such
operation
is conducted may be suspended, revoked, placed in a probationary
status
or the renewal of such registration may be denied by the board upon
a
finding that the registrant or the registrant's agent: (1) Has
materially
falsified any application filed pursuant to or required by the
pharmacy
act of the state of Kansas; (2) has been convicted of a felony
under any
federal or state law relating to the manufacture or distribution of
drugs;
(3) has had any federal registration for the manufacture or
distribution of
drugs suspended or revoked; (4) has refused to permit the board or
its
duly authorized agents to inspect the registrant's establishment in
ac-
cordance with the provisions of K.S.A. 65-1629 and amendments
thereto;
(5) has failed to keep, or has failed to file with the board or has
falsified
records required to be kept or filed by the provisions of the
pharmacy
act of the state of Kansas or by the board's rules and regulations;
or (6)
has violated the pharmacy act of the state of Kansas or rules and
regu-
lations adopted by the state board of pharmacy under the pharmacy
act
of the state of Kansas or has violated the uniform controlled
substances
act or rules and regulations adopted by the state board of pharmacy
under
the uniform controlled substances act.

(f)(g) Orders
under this section, and proceedings thereon, shall be
subject to the provisions of the Kansas administrative procedure
act.

Sec. 4. K.S.A. 1998 Supp. 65-1635
is hereby amended to read as
follows: 65-1635. (a) Nothing contained in the pharmacy act of the
state
of Kansas shall prohibit any duly licensed practitioner from
purchasing
and keeping drugs, from compounding prescriptions or from
administer-
ing, supplying or dispensing to such practitioner's patients such
drugs as
may be fit, proper and necessary. Except as provided in subsection
(b) or
(c), such drugs shall be dispensed by such practitioner and shall
comply
with the Kansas food, drug and cosmetic act and be subject to
inspection
as provided by law.

(b) Nothing contained in the pharmacy act
of the state of Kansas shall
be construed to prohibit any nurse or other person, acting under
the
direction of a duly licensed practitioner, from administering drugs
to a
patient.

(c) Nothing contained in the pharmacy act
of the state of Kansas shall
be construed to prohibit any registered nurse, acting under the
supervi-
sion of a person who is licensed to practice medicine and surgery
as of
July 1, 1982, from dispensing drugs to patients of such person so
long as
the principal office of such person is, and as of July 1, 1982,
was, located
in a city not having a registered pharmacy within its boundaries.
For the
purposes of this subsection (c), ``supervision'' means guidance and
direc-
tion of the dispensing of drugs by the person licensed to practice
medicine
and surgery who shall be physically present in the general location
at
which the drugs are being dispensed.

(d) Nothing contained in the pharmacy act
of the state of Kansas shall
be construed to prohibit a duly registered wholesaler from
distributing adrug labeled, ``Caution: Federal law restricts this drug to
use by or on theorder of a licensed veterinarian,''prescription-only drug pursuant to a
veterinarian practitioner's written prescription or order, where a
valid
veterinarian-client-patient relationship, VCPR, as defined in
K.S.A. 47-
816, and amendments thereto, exists, to the layman responsible for
the
control of the animal.

Sec. 5. K.S.A. 1998 Supp. 65-1643
is hereby amended to read as
follows: 65-1643. On and after the effective date of this act, it
shall be
unlawful:

(a) For any person to operate, maintain,
open or establish any phar-
macy within this state without first having obtained a registration
from
the board. Each application for registration of a pharmacy shall
indicate
the person or persons desiring the registration, including the
pharmacist
in charge, as well as the location, including the street name and
number,
and such other information as may be required by the board to
establish
the identity and exact location of the pharmacy. The issuance of a
regis-
tration for any pharmacy shall also have the effect of permitting
such
pharmacy to operate as a retail dealer without requiring such
pharmacy
to obtain a retail dealer's permit. On evidence satisfactory to the
board:
(1) That the pharmacy for which the registration is sought will be
con-
ducted in full compliance with the law and the rules and
regulations of
the board; (2) that the location and appointments of the pharmacy
are
such that it can be operated and maintained without endangering
the
public health or safety; (3) that the pharmacy will be under the
supervision
of a pharmacist, a registration shall be issued to such persons as
the board
shall deem qualified to conduct such a pharmacy.

(b) For any person to manufacture within
this state any drugs except
under the personal and immediate supervision of a pharmacist or
such
other person or persons as may be approved by the board after an
inves-
tigation and a determination by the board that such person or
persons is
qualified by scientific or technical training or experience to
perform such
duties of supervision as may be necessary to protect the public
health and
safety; and no person shall manufacture any such drugs without
first ob-
taining a registration so to do from the board. Such registration
shall be
subject to such rules and regulations with respect to requirements,
sani-
tation and equipment, as the board may from time to time adopt for
the
protection of public health and safety.

(c) For any person to distribute at
wholesale any drugs without first
obtaining a registration so to do from the board.

(d) For any person to sell or offer for
sale at public auction or private
sale in a place where public auctions are conducted, any drugs
without
first having obtained a registration from the board so to do, and
it shall
be necessary to obtain the permission of the board in every
instance where
any of the products covered by this section are to be sold or
offered for
sale.

(e) For any person to in any manner
distribute or dispense samples
of any drugs without first having obtained a permit from the board
so to
do, and it shall be necessary to obtain permission from the board
in every
instance where the samples are to be distributed or dispensed.
Nothing
in this subsection shall be held to regulate or in any manner
interfere
with the furnishing of samples of drugs to duly licensed
practitioners, to
pharmacists or to medical care facilities.

(f) Except as otherwise provided in this
subsection (f), for any person
operating a store or place of business to sell, offer for sale or
distribute
any drugs to the public without first having obtained a
registration or
permit from the board authorizing such person so to do. No retail
dealer
who sells 12 or fewer different nonprescription drug products shall
be
required to obtain a retail dealer's permit under the pharmacy act
of the
state of Kansas or to pay a retail dealer new permit or permit
renewal fee
under such act. It shall be lawful for a retail dealer who is the
holder of
a valid retail dealer's permit issued by the board or for a retail
dealer who
sells 12 or fewer different nonprescription drug products to sell
and dis-
tribute nonprescription drugs which are prepackaged, fully prepared
by
the manufacturer or distributor for use by the consumer and labeled
in
accordance with the requirements of the state and federal food,
drug and
cosmetic acts. Such nonprescription drugs shall not include: (1) A
con-
trolled substance; (2) a drug product the label of which is
required tobear substantially the statement: ``Caution: Federal law
prohibits dis-pensing without prescription''a
prescription-only drug; or (3) a drug
product intended for human use by hypodermic injection; but such
a
retail dealer shall not be authorized to display any of the words
listed in
subsection (u) of K.S.A. 65-1626 and amendments thereto, for the
des-
ignation of a pharmacy or drugstore.

(g) For any person to sell any drugs
manufactured and sold only in
the state of Kansas, unless the label and directions on such drugs
shall
first have been approved by the board.

(h) For any person to operate an
institutional drug room without first
having obtained a registration to do so from the board. Such
registration
shall be subject to the provisions of K.S.A. 65-1637a and
amendments
thereto and any rules and regulations adopted pursuant thereto.

(i) For any person to be a pharmacy
student without first obtaining
a registration to do so from the board, in accordance with rules
and reg-
ulations adopted by the board, and paying a pharmacy student
registration
fee of $25 to the board.
Sec. 6. K.S.A. 1998 Supp. 65-1626, 65-1627, 65-1627i,
65-1635 and
65-1643 are hereby repealed.
Sec. 7. This act shall take effect and be in force
from and after its
publication in the statute book.